I’m not excusing his behavior, but there are a few gray areas or donut holes that I think contributed to or exacerbated this case:
1. 12 years in Marine aviation is long enough to learn/teach advanced tactics, but not long enough to earn a pension, which means there are fewer strings attached for the USG to later pull, and also, less financial security for the member after separation. The financial prospects of a dude with 6 kids who has a 20-yr Lt Col retirement starkly differ from those of a 12-yr Major. Not so much a gray area as it is a donut hole in compensation if you separate at 12-19 years of service without a pension. I imagine financial security played a role when China started waving money at him.
2. There is an unfortunate duality in the US/West where large corporations frequently cater to and profit from China, and this is seen as perfectly fine to take China’s money. Disney filmed the live action Mulan in Xinjiang where the Uighur people live (and face terrible oppression). Apple sells $1k phones featuring the latest, smallest microelectronics that are made in China - then Apple balks at helping the FBI unlock a recovered phone in a terrorist criminal case. Several NBA and Hollywood stars have picked China over Taiwan in public rhetoric. This is all a socially acceptable manner of getting rich, even if China is labeled an adversary. There isn’t the same outrage level as with US companies closing stores/restaurants in Russia immediately after Ukraine. It lulls people like Duggan into self-justifying their Chinese financial ties.
3. As the 60 Minutes piece mentions, China’s civilian-military fusion is an intentional gray area and blurred line. Lots of countries do this, including the US. And not just the Chinese student pilots, but you’ve got Duggan teaching at a private sector school while leaning on and promoting his “wings of gold” military experience. Not sure if Duggan actually wore his naval aviator wings on his civilian flight suit, but if he did, then he knew he’s blurring that military-civilian line for monetary gain. Not illegal. But could have contributed to both China’s interest in Duggan and Duggan’s willingness to talk (too) freely about naval aviation topics.
4. Probably not as gray an area as Duggan’s defense attorney wants everyone to believe, but the TTPs in aviation that are classified vs. unclassified. What is a military TTP vs. “adventure aviation” TTP. What is a TTP vs. a “sea story from my time as a Harrier pilot.” Export restrictions on “defense services” are even less clear, e.g. several
former 3-letter agency officials have made money consulting on security apparatus topics for Gulf states.
5. I imagine the US has more evidence on Duggan than has been disclosed, but a gray area may be whether and how much the US will reveal what it knows and how it knows. The US may have a smoking gun on Duggan, but may be reluctant to disclose it, which could be a gray area in terms of what charges are brought and how they’re prosecuted. I’m guessing that if Duggan gets extradicted both sides will prefer a plea deal that is public enough to prevent “future Duggans” while not so public as to reveal information the US doesn’t want out there (be it the TTPs that the US alleges Duggan disclosed, or the manner in which the US found out Duggan had crossed lines helping China).